The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-26
THE ATTACK ON THE JUDGES.

Judges Niblack and collars, two of the
three who refused TO respond to the demands
OF the people, now receive their scorn, and
will receive their rebuke if ever again they
offer themselves as candidates in Indiana.-The
Sentinel.
We call attention to this attack on two hon
orable judges Of the Supreme Court. It is
not quite SO brutal but equally as insulting as
the Sentinel's outbreak over former decision
of the court.
An honest judiciary is the pride and bull
wark Of free institutions. In theory and
practice, the Judiciary is the most conserva-
tive branch of the government, resisting
equally the clamor Of the mob, the aggres-
sions of power and insidious attacks on pri-
vate and public rights. The duties are, per-
haps, more delicate and important than those
Of any other department.. An honest judi
ciary is great safeguard of liberty and law;
a dishonest one may become dangerous in
strument of tyranny. It is Of vital impor-
lance that they be upheld in their ndepend-
ence, and that they retain the confidence and
respect Of the people. To this end, one of
the most essential requisites is that they be
kept beyond the influence of popular clamor,
Ii the people wish to change their Constitu-
ton or laws, they can do it in regular way
but they must not require the court to give a
false construction of them, or mold it's de-
cisions to suit the demands of the hour.
Such suggestion would berepulsive, even if it
were universal demand, coming from all the
people; coming from party or faction, it is
simply monstrous.
The Sentinel says Judges Niblack and FOL
lars refused to respond to the demands of
the people This is an outrageous insult to
honest and honorable judges. The insinua-
ton that they were expected to respond to a
popular demand is gross imputation on
their character which will be resented by
every honest, fair minded man in the State,
irrespective of politics These gentlemen
were elected as Democrats, but it is a gratu-
itous insult for the Democratic organ to in
sinuate that they were expected to render
partisan decisions. That they have not done
so is infinitely to their honor, and will ele.
vate the Judiciary in the estimation of ali
honest mem 1t required on their part far
more moral courage to make the decision they
did than it would have done to decide as the
revolutionists desired. And the measure of
honor due them is enhanced by the fact that
they both approached the subject with ma
terially different views from those which thew
finally reached and announced They had
the honesty and courage to follow where their
convictions led, and when they found the
truth they declared it. All honor to judges
Niblack and collars for expounding the Con-
stituton and the law without fear or favor.
The people will not forget them.
But we deny that there was any demand
of the people for partisan decision in this
case. The demand did not even come from
the whole Democratic party. There are
thousands of decent Democrats who believe
that Colonel Robertson was fairly elected
Lieutenantgovernor, and is justly entitled to
the Office. They are disguised with the
bulldozing, revolutionary tactics of Green
Smith and his senatorial henchmen, and if
they were to make any demand at all it would
be for him to vacate the chair he has usurped,
and give way to the choice of the people. No
demand came from these thousands of decent
Democrats for a partisan decision from the
Supreme Court There are Democrats in the
Legislature who are tired of the tyrannical
leadership of Green Smith, and of being made
to minister to his vanity and ambition Thew
did not demand partisan decision. The